Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Property dispute between parties - Inconsistency found in the evidence of PW1 as well as PW5 regarding assault inflicted on injured, which make their status as an eye witness doubtful - Neither I.O nor doctor was examined - In the background of inconsistency coupled with no, examination of I.O in whose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of weapon of offence though not..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Attempt to murder of injured witnesses - Right of self defence - Defence does not have a case that injured witnesses had come with any weapons - Accused were not injured in any manner - What was the reason for A-1 coming with a chopper when his name was called by deceased, definitely, he had an intention to commit..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Deceased and PW2 sustained severe injuries during incident clear from evidence of PW1, PW2, PW16, PW19 and said fact is corroborated by medical evidence of Doctor, PW8, PW9 and PW13 - Some omissions and contradictions in testimony of injured witnesses were there with reference to..........
